Title 43 — Public LandsRelease 119-73
§326 Unsurveyed lands not subject to entry; preferential right of entry after survey
Title 43 › Chapter CHAPTER 9— - DESERT-LAND ENTRIES › § 326
Summary
From March 28, 1908, people may only claim desert public land after it has been officially surveyed. Claims on unsurveyed desert land will not be allowed or recorded. If, before the survey, someone had occupied and begun reclaiming up to 320 acres in a compact area in good faith, that person gets first right to claim it and must file the claim within 90 days after the approved survey map is filed in the local land office.
Full Legal Text
Title 43, §326
Public Lands — Source: USLM XML via OLRC
From and after March 28, 1908, the right to make entry of desert lands under the provisions of sections 321 to 323, 325, and 327 to 329 of this title, shall be restricted to surveyed public lands of the character contemplated by said sections, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said sections who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said sections, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.
Reference
Citations & Metadata
Citation
43 U.S.C. § 326
Title 43 — Public Lands
Last Updated
Apr 6, 2026
Release point: 119-73